Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(a) of the Convention. Punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. In its earlier comments, the Committee noted that penalties of imprisonment (involving an obligation to perform prison labour) could be imposed under sections 50, 66 and 69 of the Penal Code (committing an act with the intention of destabilizing the constitutional system, publication of false news with the intention of harming the prestige of the State and committing an act intended to disturb the peace). The Committee recalled that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour, as a means of political coercion or education or as a punishment for holding or expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee refers in this connection to the explanations contained in paragraphs 152–155 of its General Survey of 2007 on the eradication of forced labour, where it has pointed out that that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But the Committee has considered that sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system. The Committee also recalls that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are covered by the Convention, as long as they do not resort to or call for violent means to these ends. The Committee hopes that the necessary measures will be taken with a view to bringing legislation into conformity with the Convention, and that the Government will provide, in its next report, information on the progress made in this regard.

Article 1(d). Punishment for having participated in strikes. For a number of years, the Committee has been referring to sections 112, 119 and 120 of the 1997 Labour Code, which specify that labour disputes which cannot be settled amicably within three weeks will be automatically referred to an arbitration body whose decision will be final and without appeal. Section 126(2) provides for a punishment of imprisonment (which involves compulsory prison labour) for a period of up to six months in cases of violation or refusal to apply the provisions of the Code.

The Committee recalls, referring also to the explanations in
paragraphs 182–189 of its General Survey of 2007 on the eradication of forced labour, that restrictions on the right to strike, if enforced with sanctions involving compulsory labour, are incompatible with Article 1(d) of the Convention; only penalties (even if involving compulsory labour) imposed for participation in strikes in the civil service or other essential services in the strict sense of the term (i.e. services whose interruption would endanger life, personal safety or health of the whole or part of the population) are not covered by the Convention.

While having noted the Government’s views expressed in its earlier report that these provisions of the Labour Code are aiming at the observance of an arbitration body decisions and not at the punishment of participants in strikes, the Committee has observed that, although the provisions of the Labour Code may be “aiming” at the observance of arbitration decisions, they are still capable of being applied to workers in a manner which exposes them inappropriately to sanctions involving forced labour.

Referring also to its comments addressed to the Government under Convention No. 98, likewise ratified by Sudan, the Committee reiterates its hope that appropriate measures will be taken to amend the above provisions so as to ensure that sanctions involving compulsory labour cannot be used to punish participation in strikes, in order to bring legislation into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the aforementioned provisions of the Labour Code in practice, particularly regarding the number of persons convicted for having refused to fulfil the decision of an arbitration body, and to supply copies of the relevant judgements.